Opinion
NO. 6003
March 8, 1976
RICHARDSON, C.J., KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.
Renee M.L. Yuen, Deputy Public Defender, for Defendant-Appellant.
Dale W. Lee, Deputy Prosecuting Attorney, for Plaintiff-Appellee.
Appellant has moved to strike from the record certain documents which are alleged to have been improperly included in the record as certified by the Clerk of the District Court, and to add to the record a document which is alleged to have been improperly omitted. The State has moved to dismiss the appeal upon the ground that the judgment contained in the record was not on file when Appellant filed her notice of appeal, although it appears in the record prior to the notice of appeal. Both motions would require this court to correct the record. Rule 75(d) of the District Court Rules of Civil Procedure, which is applicable to criminal appeals pursuant to Rule 45 of the District Court Rules of Penal Procedure, provides that any differences as to whether the record truly discloses what occurred in the District Court shall be submitted to and settled by that court.
The above-mentioned motions by Appellant and the State are denied, without prejudice to the right of either party to move in the District Court to correct the record.